Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0484 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	HOUSE BILL 130
3	3	By Reneau
4	4
5	5	SENATE BILL 484
6	6	By Bowling
7	7
8	8
9	9	SB0484
10	10	001058
11	11	- 1 -
12	12
13	13	AN ACT to amend Tennessee Code Annotated, Title 53
14	14	and Title 68, Chapter 14, Part 7, relative to
15	15	homemade food items.
16	16
17	17	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18	18	SECTION 1. Tennessee Code Annotated, Section 53-1-102, is amended by deleting
19	19	subdivision (19) and substituting:
20	20	(19) "Homemade food item":
21	21	(A) Means a food item that is:
22	22	(i) Produced by or under the direct supervision of the producer at
23	23	the producer's private residence; and
24	24	(ii) Either, as defined by the department in rules promulgated
25	25	pursuant to the Uniform Administrative Procedures Act, compiled in title 4,
26	26	chapter 5:
27	27	(a) Non-time/temperature control for safety food; or
28	28	(b) Time/temperature control for safety food; and
29	29	(B) Does not include alcoholic beverages, unpasteurized milk or foods
30	30	that are, or that contain, alcoholic beverages, fish and shellfish products, meat,
31	31	meat by-products, poultry, or poultry by-products, except to the extent that the
32	32	sale of those items is permissible under federal law, including the following:
33	33	(i) Poultry, poultry by-products, or poultry food products, if the
34	34	food preparer raised the poultry pursuant to the one thousand (1,000) bird
35	35	exemption in 9 C.F.R., § 381.10(c);
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37	37
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40	40	(ii) Poultry, poultry by-products, or poultry food products, if the
41	41	poultry is from an inspected source pursuant to 9 C.F.R., § 381.10(d); and
42	42	(iii) Meat, meat by-products, or meat food products, if the meat is
43	43	from an inspected source pursuant to 9 C.F.R., § 303.1(d).
44	44	SECTION 2. Tennessee Code Annotated, Section 53-1-118, is amended by deleting
45	45	subsections (a) and (b) and substituting:
46	46	(a)
47	47	(1) Notwithstanding part 2 of this chapter, or another law to the contrary,
48	48	except as provided in this section, the production and sale of homemade food
49	49	items under this chapter are exempt from all licensing, permitting, inspecting,
50	50	packaging, and labeling laws of this state, except when the department of health
51	51	is investigating a reported foodborne illness.
52	52	(2) Except as provided in this section, a producer may sell homemade
53	53	food items in this state to the extent permitted by federal law.
54	54	(b) The exemption under subsection (a) only applies if the following conditions
55	55	are satisfied:
56	56	(1)
57	57	(A) Homemade food items that do not contain dairy, meat, or
58	58	poultry must be sold either by:
59	59	(i) The producer to the consumer, whether in person or
60	60	remotely, including, but not limited to, a sale by telephone or
61	61	internet; or
62	62	(ii) An agent of the producer or a third-party vendor, such
63	63	as a retail shop or grocery store, to the consumer; and
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65	65
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68	68	(B) Homemade food items that contain dairy, meat, or poultry
69	69	must be sold by the producer to the consumer, whether in person or
70	70	remotely, including, but not limited to, a sale by telephone or internet;
71	71	(2)
72	72	(A) Homemade food items that do not contain dairy, meat, or
73	73	poultry must be delivered either by:
74	74	(i) The producer to the consumer; or
75	75	(ii) An agent of the producer, a third-party vendor, or a
76	76	third-party carrier to the consumer; and
77	77	(B) Homemade food items that contain dairy, meat, or poultry
78	78	must be delivered by the producer to the consumer;
79	79	(3) The following information must be provided to the consumer, in the
80	80	format required by subdivision (b)(4):
81	81	(A) The name, home address, and telephone number of the
82	82	producer of the homemade food item;
83	83	(B) The common or usual name of the homemade food item;
84	84	(C) The ingredients of the homemade food item in descending
85	85	order of predominance;
86	86	(D) The date that the homemade food item was produced;
87	87	provided, that this subdivision (b)(3)(D) only applies to homemade food
88	88	items that are potentially hazardous or time/temperature control for safety
89	89	foods; and
90	90	(E) The following statement: "This product was produced at a
91	91	private residence that is exempt from state licensing and inspection. This
92	92	product may contain allergens.";
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94	94
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97	97	(4)
98	98	(A) The information required by subdivision (b)(3) must be
99	99	provided:
100	100	(i) On a label affixed to the package, if the homemade
101	101	food item is packaged;
102	102	(ii) On a label affixed to the container, if the homemade
103	103	food item is offered for sale from a bulk container;
104	104	(iii) On a placard displayed at the point of sale, if the
105	105	homemade food item is neither packaged nor offered for sale from
106	106	a bulk container; or
107	107	(iv) On the webpage on which the homemade food item is
108	108	offered for sale, if the homemade food item is offered only for sale
109	109	on the internet; and
110	110	(B) If the homemade food item is sold by telephone or custom
111	111	order, the seller need not display the information required by subdivision
112	112	(b)(3), but the seller shall disclose to the consumer that the homemade
113	113	food item is produced at a private residence that is exempt from state
114	114	licensing and inspection, and may contain allergens. The seller shall
115	115	have the information required by subdivisions (b)(3)(A)-(D) readily
116	116	available and provide it to the consumer upon request; and
117	117	(5) If a homemade food item is potentially hazardous or time/temperature
118	118	control for safety food and is transported before final delivery to consumers, the
119	119	homemade food item must be maintained at an appropriate temperature.
120	120	SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it.